- Latest available (Revised)
- Original (As made)
Pollution Control and Local Government (Northern Ireland) Order 1978, Section 36 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
36.—(1) In this Part—
Definition rep. by 1997 NI 19
“carriageway” means a way constituting or forming part of a road, being a way over which the public have a right of way for the passage of motor vehicles;
[F1“controlled waste” has the same meaning as in the Waste and Contaminated Land (Northern Ireland) Order 1997]
Definition rep. by 1997 NI 19
“licence”, in relation to a vehicle, means a licence issued in respect of the vehicle under[F2 the Vehicle Excise and Registration Act 1994] [F3(including a nil licence within the meaning of that Act) ] or anything which appears to the district council concerned to be a corresponding licence in a country other[F2 than the United Kingdom];
Definition rep. by 1994 NI 10
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, whether or not it is in a fit state for such use, and includes any trailer intended or adapted for use as an attachment to such a vehicle, any chassis or body, with or without wheels, appearing to have formed part of such a vehicle or trailer and anything attached to such a vehicle or trailer;
“owner”, in relation to a motor vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement;
“public body” means any public authority, board, commissioners or public body of any kind constituted by or under any statutory provision whether of a general or special nature;
Definition rep. by 1997 NI 19
“road” has the same meaning as in the Roads Act (Northern Ireland) 1948 [1948 c.28] F4;
“waste” includes—
any substance which constitutes a scrap material or an effluent or other unwanted surplus substance arising from the application of any process; and
any substance or article which requires to be disposed of as being broken, worn out, contaminated or otherwise spoiled,
but does not include a substance which is an explosive within the meaning of the Explosives Acts 1875 to 1970 or any substance [F5which is a tier 1 substance within the meaning of the Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014] ;
and for the purposes of this Part any thing which is discarded or otherwise dealt with as if it were waste shall be presumed to be waste unless the contrary is proved.
Paras. (2)‐(4) rep. by 1997 NI 19
(5) In Articles 19, 28, 29 and 30 any reference to a place or land in the open air includes a reference to a place or land covered only by water.
(6) The district of a district council which is bounded by or to seaward of the high-water mark of mean tides shall also include for the purposes of this Part, the land between that high-water mark and the low-water mark of ordinary spring tides which is outside that district to seaward of any place where that high-water mark is within or on the boundary of that district.
F3Words in art. 36(1) inserted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), ss. 9(4), 78; S.R. 2012/13, art. 2(2), Sch. 2
F5Words in art. 36(1) substituted (2.9.2014) by The Control of Explosives Precursors etc. Regulations (Northern Ireland) 2014 (S.R. 2014/224), regs. 1(2), 29(2) (with reg. 31)
Modifications etc. (not altering text)
C1Art. 36 modified (temp. from 1.12.2006) by Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 27(1), Sch. 6 para. 12 (with reg. 26)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: